Free Speech: Chapter 12

Procunier v. Martinez

Supreme Court case that determined mail censorship rules in prisons must be narrow and specific. The rules must serve an important/substantial government interest and must nor be over broad.

University of Wisconsin case

Supreme Court case that determined that student fees can go to things students object to.

Turner v. Safley

Supreme Court case that ruled prison censorship must be "reasonably related" to legitimate penological interests. But prisoners have a greater freedom to send than receive mail.

Island Trees v. Pico

Supreme Court case that said you can't ban books because you don't like the ideas, only if they lack "educational suitability." This case was a 5-4 vote, but only on plurality so not completely binding.

Tinker v. Des Moines

Supreme Court case where Iowa students wore black armbands to publicize their opposition to the Vietnam War. They were suspended from public school and so filed a suit. The Court found the symbolic action as akin to pure speech and ruled in the students' favor. Student expression is ruled constitutionally protected unless it would result in a material and substantial disruption of normal school activities or invades the rights of others.

Lambs Chapel Case

Supreme Court case where New York schools that opened property after hours to groups for use, had to allow religious groups too.

Goldman v. Department of Defense

Supreme Court case where a Jewish man wore yarmulke under his service cap in violation of regulations. SC sided with the Air Force.

Barber v. Dearborn Public Schools

Supreme Court case where a Michigan student wore a t-shirt labling George W. Bush as a terrorist. Court ruled t-shirt as protected expression.

Parker v. Levy

Supreme Court case where a captain criticized the war in Vietnam and the special forces. SC sided with the military and gave them broad authority.

Ponce v. Socorro Independent School District

Supreme Court case where a student had a journal chronicling an imaginary psuedo-Nazi group's activities. Suspended for three days and recommended for alternative education program. Fifth circuit sided with school district.

Bethel School District v. Fraser

Supreme Court case where a student made a somewhat obscene speech in a class election assembly and was suspended. Court ruled that Tinker does not prevent schools from punishing "offensively lewd and indecent speech."

Pickering v. Board of Education

Supreme Court case where a teacher was fired for criticizing a school board policy in a letter to the editor. Court held it unconstitutional.

Brown v. Glines

Supreme Court case where soldier distributed a petition to protest the Air Force's grooming standards. SC sided with the military and said that the soldiers can communicate directly with Congress but cannot circulate petitions on base.

Dash v. Commanding General

Supreme Court case where soldiers wanted to hold meetings to discuss the Vietnam War. Their commander said they couldn't and the SC sided with him.

Morse v. Frederick

Supreme Court case where student made a banner saying "Bong Hits 4 Jesus" and was suspended. The Court upheld the suspension because the school has a legitimate interest in discouraging speech that encourages drug use. Minority opinion said that there was no action expressly advocated.

Rosenberger v. Rector

Supreme Court case with 5 to 4 decision requiring public university to fund religious publication of student group who had been granted status. The payment was from student fees not tax money.

Widmar/Westside Community Schools

Supreme Court cases where Court typically holds students have the right to form religious clubs. They cannot be school sponsored though and faculty may only be there to ensure order and good behavior

Extramural Expression

Teachers' non-school communication activities as members of of society at large.

Military Honor and Decency Act

1996 law that banned the sale of sexually explicit materials on military bases. Courts supported the ban but allowed soldiers to purchase sexual materials off base and possess them on base.

Student Speech Rights

At a school, the Constitution continues to protect the rights but administrators can regulate speech that interferes with classroom instruction or educational activities. Speech that is not protected: Advocating drug use or speech that is lewd, vulgar, or indecent.

Military

Concerning this group, Supreme Court has said "It is the primary business of armies and navies to fight or be ready to fight wars should the occasion arise." U.S. Constitution applies to soldiers though often conflicts with their law. Summary: When you join this group, you give up many free speech rights. Courts typically side with government because they are "a society apart".

ACLU of Florida v. Miami-Dade

Case that did not reach the Supreme Court. Dealt with the banning of children's books, one in question comparing life in Cuba to that of US. Ban was narrowly upheld.

Media Access to Prisons

Does the FA give prisoners the right to individual, face-to-face interviews with the media? Does the FA give reporters the right to have face-to-face interviews with inmates selected by reporters? Does the FA give the media the right to enter prisons to inspect and photograph prisons? The answer to each of these questions is NO, says the SC.

Schools

Especially at the university level, the rules for restricting speech rights at public institutions are very different than they are at private institutions. Three kinds of speech rights to think through: Student's rights, Teacher's rights, and Censorship of library books.

Prisoner Rights

Forming and promoting an organization of inmates is not protected. Specific bans on prison newspapers is allowed if it is necessary for legitimate goals. Profiting from their story is constitutional. Legal assistance from one inmate to another is not protected above and beyond the protection normally accorded to their speech.

Student Associations

Idea is that as long as an association abides by "reasonable campus rules" and doesn't disrupt the educational environment, they should be allowed. In contemporary times, many of these cases have to do with the rights of students at public universities and public secondary schools to use school facilities for forming religious clubs.

Off Campus Speech

No case has reached the Court thus far. Cases at lower courts have sometimes found that schools have relatively limited rights to punish speech that occurs off school grounds, but other times have allowed punishments to stand. With the increased public dialogue around bullying, particularly in social media, the Supreme Court may ultimately have to take a case - just a guess.

Hazelwood School District v. Kuhlmeier

Supreme Court case involving student journalists wanted to print the final edition of their school newspaper with controversial issues including teen pregnancy and divorce. It upheld the power of school principals to censor school-sponsored student newspapers so long as such censorship serves valid educational purposes. Student newspapers are non-public forums.

Academic Expression

Sometimes thought of as academic freedom - is teacher's job related speech.